What to do if a year ago my son’s dad passed away but he didn’t have time to change the deed on his house and he wanted my son to have it?

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What to do if a year ago my son’s dad passed away but he didn’t have time to change the deed on his house and he wanted my son to have it?

The deed was in his mom’s name. I have been paying the mortgage payment every month. He did not have a Will and his mom filed full power. She has not heard back from courts yet and she is very ill. Is there a way that she can sign it over to my son or does she have to wait until it’s out of probate?

Asked on November 13, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Please have your son's Grandmother speak with a lawyer.  Many will go to a house to see them when ill.  If the deed is in her name the property was not her son's and your state law will govern distribution upon death if there is not a Last Will and testament in place.  It gets very complicated.  Please seek help.  Good luck.


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